LEGAL ANALYSIS OF «PHILOSOPHY OF RIGHT» AS SCIENCES AND ORIGINS OF ANCIENT POLITICAL AND LEGAL FUNDAMENTAL PRINCIPLES IS IN LABOURS OF PAMPHIL YURKEVYTCH (1826-1874)

Abstract

In this article an author analyses the looks of Pamphil Yurkevych to «philosophy of right» as science, and also his looks to the origin of political and legal fundamental principles in ancient Greece. In the article the evolution of humanity is analysed from the oldest times to appearance of man clever, that continuously changes and perfects the way of life, culture of behavior and world view (magic, mythological, religious, philosophical and society). Jurisprudence through fundamental abstract concepts a right, state, a law tries all-round to analyse them on all stages of history. Pamphil Yurkevych (1826-1874) worked in Kyiv Spiritual Academy as an extraordinary professor of philosophy from 1858р., and already from 1861р. it was the professor of philosophy in Moscow University. Handwritten courses of lectures : «History of philosophy of right» (1868), «History of philosophy of right» (1873), «Philosophy of right» (1872) and «Philosophical diary» (1858-1860), were translated and published by Release of magazine «the Ukrainian World» (Kyiv, 2000). Pamphil Yurkevych compared history, theory and philosophy of right. Remembers about three old expressions that manage consciousness and activity of man : 1) «Neminem of laede» (lat. «harm nobody») (this phrase passes old essence of right); 2) «Suum of cuique tribue» (lat. «Give to each his own».) (expression that passes essence of справедливости); 3) «Immo of omnes, quantum potes, iuva» (lat. «Help all, how many able».) (expression passes love). In these three expressions of Pamphil Yurkevych considers that all is passed our moral attitude toward a man, that befits under a concept «honestum» (lat. Analysing appearance of the first legal ideas on territory of Ancient Greece Pamphil Yurkevych finds out the initial ideas of ancient Greek mythology, idea philosophy before Socrates (of Anaximander about disappearance of things; of Heraclitus about the eternal stream of things,of Pythagoreans, sophistic studies and others like that. Spares the special attention of Pamphil Yurkevych to the ideas of Socrates, Plato and Aristotle, and also understanding of «right» in Rome. Roman «corpus iuris» (analyses collection of laws), of Pamphil Yurkevych in theory grounds being in him philosophical element, because in collection a general idea is determined right, a right is classified and gets organized as in opinions of the Roman lawyers of higher source of right so in studies about approval of right, in determination of general maintenance of right, and also in determination of subject. Having regard to foregoing generalizations of Pamphil Yurkevych, in opinion of author, the last deserve popularization and attention among modern scientists-lawyers that is interested in the sources of the modern European political and legal ideas and investigate history of development of legal science, in particular, history of the Ukrainian political and legal idea through the prism of history of labour of the prominent Ukrainian philosophers-legislators.